Commonwealth v. Henley

909 A.2d 352, 2006 Pa. Super. 276, 2006 Pa. Super. LEXIS 3054, 2006 WL 2788950
CourtSuperior Court of Pennsylvania
DecidedSeptember 29, 2006
Docket1450 WDA 2004
StatusPublished
Cited by43 cases

This text of 909 A.2d 352 (Commonwealth v. Henley) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Henley, 909 A.2d 352, 2006 Pa. Super. 276, 2006 Pa. Super. LEXIS 3054, 2006 WL 2788950 (Pa. Ct. App. 2006).

Opinions

OPINION BY

FORD ELLIOTT, P.J.:

¶ 1 Emuel C. Henley appeals from the judgment of sentence of November 16, 2000, imposing a mandatory term of life imprisonment following his conviction for murder in the first degree. After careful review, we affirm.

¶2 As recited by the trial court, the facts of this case are as follows:

The defendant was charged at CC 199901083 with one count of Criminal Homicide; at CC 19903107 with two counts of violating the Uniform Firearms Act (VUFA) and, at CC 19903109, with one count of Robbery. The defendant’s first trial ended in a mistrial on January 24, 2000 because of the illness of his trial counsel. New counsel was appointed and the matter proceeded to a jury trial that began on November 14, 2000. At the conclusion of that trial the jury found the defendant guilty of Murder of the First Degree and of the two VUFA counts. The jury acquitted him of Robbery. The Court then sentenced the defendant to life imprisonment at the Homicide count and to no[ ] further penalty at the remaining counts. This timely appeal[] followed. In this appeal, defendant challenges the Court’s denial of his Motion to Suppress Evidence.
The defendant sought suppression of an inculpatory statement he made after he was arrested for the VUFA charge following the stop of his vehicle. The defendant claimed in the suppression motion that the incriminating statement was obtained more than six hours after his arrest and prior to his arraignment. He also claimed in his Motion that he was questioned after he had asked to call family members so they could obtain a lawyer. At the hearing, defense counsel orally amended the Motion to include a claim that the search of the vehicle was not a valid inventory search. [1]
[356]*356At the suppression hearing, the Commonwealth presented testimony from the officers who conducted the stop and from the homicide detectives who were investigating the death of the victim, Tyrone Swan. Homicide Detective Dennis Logan testified that [] on January 10, 1999 he received a call from the sister of the Mr. Swan who told him that ‘... the guy who had shot her brother, whose nickname was “Toot”, was in this particular car. She gave the color, a description of the car and said the car had just left Bonifay Street and was headed towards Mr. [sic] Oliver....’ (N.T., 1/26/00, p. 21-22). The victim ha[d] been shot the previous day. Detective Logan then broadcast a description of the vehicle, asking officers who encountered the vehicle to stop it and identify the drive[r] and to detain the driver for questioning by homicide detectives.
Officer Harry J. Hilley testified that he heard the broadcast, which included the registration number of the vehicle. A short time later, he saw a vehicle matching the description. He pulled behind the vehicle and as he looked at the plate to confirm that it was the correct vehicle, he noticed that the registration sticker was expired. He then activated his overhead lights and the vehicle pulled to the side of the street. (N.T. 1/26/00; pp. 5-7). Officer Hilley approached the vehicle and spoke with the defendant. The defendant told the officer that he did not know if the vehicle’s registration was current and also admitted that he did not have insurance on the vehicle. The officer then told the defendant that because the vehicle did not have a valid registration and was not insured, the defendant would be cited for these violations and the vehicle would have to be towed. (N.T. 1/26/00; p. 8). The defendant exited the vehicle and Officer Hilley conducted an inventory search of the vehicle, which revealed a .38[c]aliber revolver under the driver’s seat. When the defendant admitted that he did not have a permit to carry a concealed weapon, he was placed under arrest for violating the Uniform Firearms Act. (N.T. 1/26/00; p. 9).
Officer Hilley testified that it was the policy of .the police department to conduct an inventory search of any vehicle taken into possession. They are required by this policy to produce an inventory of the entire contents of the vehicle. (N.T. 1/26/00; p. 9). He further related that because the street where the vehicle was stopped did not permit parking on either side, he had to have the vehicle towed. (N.T. 1/26/00; p. 45).
Detective Logan drove to the scene of the traffic stop and spoke with the defendant as he sat in the back of a police wagon. He identified himself and asked if the defendant would come with him to answer some questions. The defendant agreed to go. (N.T. l/[2]6/00; p. 23). This took place at 2:21 p.m. He took the defendant to the homicide office, arriving at 2:36 p.m. (N.T. 1/26/00; p. 24). The defendant was advised of his rights and signed a pre-interrogation warning form, which set forth those rights, (see Commonwealth Suppression Exhibit 1). Over the course of the next hour the defendant, after initially denying any involvement in the death of Mr. Swan, admitted that he had shot the victim. (N.T. 1/26/00; pp. 25-[2]7). Detective Logan denied that the defendant ever requested an attorney or that he be allowed to speak with family members to request that they summon an attorney. (N.T. 1/26/00; p. 27). The interview lasted until approximately 3:31 p.m. when the defendant was given food and [357]*357drink. The detective checked on him again at 4:21 p.m. and then waited for the coroner’s office. (N.T. 1/26/00; pp. 26-27).
[Footnote 1] Each of these issues was raised in an Omnibus Pre-trial Motion filed by defendant’s new counsel following the first mistrial.

Trial court opinion, 4/25/02 at 2-5.

¶ 3 Appellant initially filed a notice of appeal on December 14, 2000. The Honorable Jeffrey A. Manning ordered appellant to file a concise statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925(b). (Order, 1/22/02; Docket No. 18.) On October 28, 2002, this court filed a judgment order affirming the judgment of sentence. Commonwealth v. Henley, No. 2145 WDA 2000, unpublished judgment order, 816 A.2d 329 (Pa.Super. filed October 28, 2002). We determined that appellant had failed to file his 1925(b) statement as part of the certified record; and, therefore, his issues were waived. Id. See Commonwealth v. Lord, 553 Pa. 415, 719 A.2d 306 (1998); Commonwealth v. Schofield, 585 Pa. 389, 888 A.2d 771 (2005); Commonwealth v. Castillo, 585 Pa. 395, 888 A.2d 775 (2005).

¶ 4 On December 9, 2002, appellant filed a timely pro se PCRA1 petition alleging ineffectiveness of counsel for failing to file a 1925(b) statement and requesting restoration of his appellate rights. (Docket No. 21.) New counsel was appointed and filed an amended PCRA petition on June 30, 2004. ■ (Docket No. 24.) On July 7, 2004, appellant’s direct appeal rights were reinstated nunc pro tunc. (Docket No. 25.) On August 11, 2004, appellant filed this direct appeal. (Docket No. 26.)2 A 1925(b) statement was filed on November 12, 2004; and on November 19, 2004, the trial court ordered that the record be transmitted, relying on its prior opinion dated April 25, 2002.

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Bluebook (online)
909 A.2d 352, 2006 Pa. Super. 276, 2006 Pa. Super. LEXIS 3054, 2006 WL 2788950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-henley-pasuperct-2006.